Investment and Holding Company Status. No Loan Party is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 29 contracts
Samples: Credit Agreement (Brown Shoe Co Inc), Credit Agreement (Hiland Partners, LP), Credit Agreement (Stage Stores Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 20 contracts
Samples: Loan Agreement (Act Teleconferencing Inc), Credit Agreement (American Apparel, Inc), Credit Agreement (Hiland Partners, LP)
Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 8 contracts
Samples: Credit Agreement (Stewart & Stevenson LLC), Credit Agreement (Ainsworth Lumber Co LTD), Credit Agreement (Delhaize America Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" as defined in” or a company “controlled” by an “investment company”, or subject to regulation under, within the meaning of the Investment Company Act of 1940 1940, as amended or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 7 contracts
Samples: Credit Agreement, Credit Agreement (Star Gas Partners Lp), Credit Agreement (Star Gas Partners Lp)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" as defined in, ” or subject to regulation under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 6 contracts
Samples: Credit Agreement (Caleres Inc), Credit Agreement (Caleres Inc), Credit Agreement (Brown Shoe Co Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject is required to regulation be registered under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 5 contracts
Samples: Credit Agreement (Neiman Marcus, Inc.), Credit Agreement (Neiman Marcus Group Inc), Credit Agreement (Neiman Marcus, Inc.)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or and subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935amended.
Appears in 4 contracts
Samples: Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.)
Investment and Holding Company Status. No Loan Party -------------------------------------- is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Triton PCS Holdings Inc), Credit Agreement (Telecorp PCS Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or 1940, as amended, (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended or (c) a “bank holding company” as defined in, or subject to regulation under, the Bank Holding Company Act of 1956, as amended.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)
Investment and Holding Company Status. No Loan Party nor any of their Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Conns Inc), Credit Agreement (Conns Inc)
Investment and Holding Company Status. No None of the Loan Party Parties is (a) an "investment company" as defined in, or subject to regulation under, under the Investment Company Act of 1940 or 1940, (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351935 or (c) subject to any similar law or regulation restricting its ability to incur Indebtedness.
Appears in 2 contracts
Samples: Common Agreement (At&t Latin America Corp), Common Agreement (At&t Latin America Corp)
Investment and Holding Company Status. No Neither Loan Party is (a) an "investment company" as defined in", or subject to regulation under, within the meaning of the Investment Company Act of 1940 or (b) a "holding company" ", as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 2 contracts
Samples: Credit Agreement (Federated Department Stores Inc /De/), Credit Agreement (Federated Department Stores Inc /De/)
Investment and Holding Company Status. No Loan Party is (a) an "investment company" as defined in, or subject to regulation under, and as defined in, the Investment Company Act of 1940 1940, as amended, or (b) a "holding company," as defined in, or subject to regulation under, and as defined in, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. No Loan Party is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.
Appears in 1 contract
Investment and Holding Company Status. No Loan -------------------------------------- Party is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Pledge Agreement (Triton PCS Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.”
Appears in 1 contract
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005. SECTION 3.09.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" as defined in, ” or subject to regulation under, a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940 or (b) a "holding company" 1940, as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.amended.
Appears in 1 contract
Samples: Credit Agreement (Caleres Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company 70 Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
Investment and Holding Company Status. No Loan Party is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" or an "affiliate" of a "holding company" as defined insuch terms are, or subject to regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 1 contract
Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation registration under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation regulation under, the Public Utility Holding Company Act of 19352005.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or and subject to regulation under, the Investment Company Act of 1940 1940, as amended, or (b) a "“holding company" ” as defined in, or and subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (COHOES FASHIONS of CRANSTON, Inc.)
Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 1940, as amended or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935, as amended.
Appears in 1 contract
Investment and Holding Company Status. No Loan Party ------------------------------------- is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Triton PCS Inc)
Investment and Holding Company Status. No Loan Party nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Systemax Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 19351940.
Appears in 1 contract
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or and subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or and subject to regulation under, the Public Utility Holding Company Act of 1935.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Investment and Holding Company Status. No Loan Party is (a) an "“investment company" ” as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "“holding company" ” as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.. SECTION 4.9
Appears in 1 contract
Samples: Credit Agreement (Footstar Inc)
